Sugar Land cigar club battles outdoor smoking ban

Updated 9:23 am, Monday, August 27, 2012

Photo: Gary Fountain, For The Chronicle

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(For the Chronicle/Gary Fountain, August 24, 2012) Matias Adrogue, a trial lawyer for Cigar Cigar, from left, Cigar Cigar general manager Tom Parks, and owner Rich Tisch, on the patio at Cigar Cigar in Sugar Land Town Square. They are not able to smoke a cigar or pipe on their patio due to a Sugar Land Town Square ban. "There is no outdoor smoking ban in the city of Sugar Land," said Adrogue.

(For the Chronicle/Gary Fountain, August 24, 2012) Owner Rich Tisch, from left, general manager Tom Parks and Matias Adrogue, a trial lawyer for Cigar Cigar, enjoy cigars in the private lounge at Cigar Cigar in Sugar Land Town Square. They are not able to smoke a cigar or pipe on their outdoor patio due to a Sugar Land Town Square ban.

(For the Chronicle/Gary Fountain, August 24, 2012) Owner Rich Tisch, left, and Matias Adrogue, a trial lawyer for Cigar Cigar, enjoy cigars in the humidor at Cigar Cigar in Sugar Land Town Square. They are not able to smoke a cigar or pipe on their outdoor patio due to a Sugar Land Town Square ban. "There is no outdoor smoking ban in the city of Sugar Land," said Adrogue.

(For the Chronicle/Gary Fountain, August 24, 2012) Owner Rich Tisch, left, and Matias Adrogue, a trial lawyer for Cigar Cigar, enjoy cigars in the humidor at Cigar Cigar in Sugar Land Town Square. They are not

(For the Chronicle/Gary Fountain, August 24, 2012) Owner Rich Tisch, left, and Matias Adrogue, a trial lawyer for Cigar Cigar, enjoy cigars in the humidor at Cigar Cigar in Sugar Land Town Square. They are not able to smoke a cigar or pipe on their outdoor patio due to a Sugar Land Town Square ban. "There is no outdoor smoking ban in the city of Sugar Land," said Adrogue.

(For the Chronicle/Gary Fountain, August 24, 2012) Owner Rich Tisch, left, and Matias Adrogue, a trial lawyer for Cigar Cigar, enjoy cigars in the humidor at Cigar Cigar in Sugar Land Town Square. They are not

To wind down after a hard day's work, Sugar Land resident Ryan Taylor usually lights up a cigar and chats with friends on the patio at Cigar Cigar, a private cigar club at Sugar Land Town Square.

Those plans are up in smoke after the center's management banned outdoor cigar and pipe smoking at the shopping center.

"It's ridiculous that the (management) company won't let me smoke a cigar outside," said Taylor, a financial adviser. "For many years, nonsmokers have said you can only smoke outside. Now we can't smoke outside. Where do you draw the line?"

Cigar Cigar opened its doors at Sugar Land Town Square in 2007, and two years later expanded to include a larger outdoor patio area with seating for 20 club members, co-owner Richard Tisch said. The property management changed the terms of its lease in May, ordering Cigar Cigar to prohibit its members from smoking cigars and pipes outdoors. The new rules do not apply to cigarettes, Tisch said. Now, customers may only smoke inside the business.

A 5-year-old city ordinance in Sugar Land bans outdoor smoking in certain public places, including public parks and Town Square, but exempts country clubs, tobacco bars and retail tobacco stores.

"We feel like it's a breach of contract," said Tom Parks, shop manager. Officials at Sugar Land Properties declined to comment because the case is under litigation.

The new rules handed down by SLP are causing Cigar Cigar to breach its contract with 130-plus members who pay $1,200 a year to belong to the club, the lawsuit states.

"Many members have threatened to leave the club," the lawsuit states.

The lawsuit seeks a temporary restraining order to halt the management company's enforcement efforts.

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